Patna High CourtCR. MISC./28323/2015bail granted

Upendra Thakur v. The State Of Bihar

2015-08-26Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28323 of 2015 Arising Out of PS.Case No. -47 Year- 2012 Thana -HASPURA District- AURANGABAD ====================================================== Upendra Thakur S/o Awadh Bihari Thakur resident of Village - Itwan, P.S. - Haspura, District - Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Indu Kumari Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with S. Tr. No. 108A of 13/09 of 2014 arising out of Haspura P.S. Case No. 47 of 2012 registered under Sections 498(A), 304(B)/34 and 201 of the I.P.C.

Learned counsel for the petitioner submits that prayer of the petitioner, who happens to be husband of the deceased, was earlier rejected twice by this Court vide Cr. Misc. No. 37620 of 2014 on 22.10.2014 and vide Cr. Misc. No. 32345 of 2013 on 20.02.2014 and the petitioner is in custody since 04.10.2012. While the case of the petitioner has been committed to the Court of sessions and charge has been framed on 20.08.2014,

Patna High Court Cr.Misc. No.28323 of 2015 (3) dt.26-08-2015 2/2 but till today, out of seven witnesses, only two witnesses have been examined.

The report, as received vide letter no. 122 of 2015 dated 16.07.2015 from the Court of Additional District and Sessions Judge-5th, Aurangabad, discloses that out of seven witnesses cited in the charge-sheet, only two witnesses have been examined and remaining witnesses are yet to be examined. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-Vth, Aurangabad in connection with S. Tr. No. 108A of 2013/09 of 2014 arising out of Haspura P.S. Case No. 47 of 2012.

(Rajendra Kumar Mishra, J.) Shail/- U T